N.Y. Election Law § 8-408: Electronic absentee ballot application transmittal system

§ 8-408. Electronic absentee ballot application transmittal system. 1.

Establishment. In addition to any other means of applying for an

absentee ballot, the state board of elections shall establish and

maintain an electronic absentee ballot application transmittal system

through which voters may apply for an absentee ballot online. The state

board of elections shall electronically transmit such applications to

the applicable board of elections of each county or the city of New York

for processing consistent with this chapter. In accordance with

technical specifications provided by the state board of elections, each

board of elections shall maintain an absentee ballot application system

capable of receiving and processing electronic absentee ballot

applications, including, but not limited to, electronic signatures, from

the electronic absentee ballot application transmittal system

established by the state board of elections pursuant to this section.

Such transmittal system shall be fully integrated with each county board

of elections and the city of New York board of elections so that a voter

may apply online directly either through the website of his or her board

of elections or the state board of elections. Notwithstanding any other

inconsistent provision of this chapter, applications filed using such

system shall be considered filed with the applicable board of elections

on the calendar date the application is initially transmitted by the

voter through the electronic absentee ballot application transmittal

system.

2. Online absentee ballot application. (a) A voter shall be able to

apply for an absentee ballot using a personal online voter registration

application submitted through the electronic absentee ballot application

transmittal system when the voter:

(i) completes an electronic absentee ballot application promulgated by

the state board of elections which shall include all of the information

required by section 8-400 of this title; and

(ii) affirms, subject to penalty of perjury, by means of electronic or

manual signature, that the information contained in the absentee ballot

application is true; and

(iii) consents to the use of an electronic copy of the individual's

manual signature that is in the custody of the department of motor

vehicles, the state board of elections, or other agency designated by

section 5-211 or 5-212 of this chapter, as the individual's absentee

ballot exemplar signature, or provides such a signature by direct upload

in a manner that complies with the New York state electronic signature

and records act and the rules and regulations promulgated by the state

board of elections.

(b) The board of elections shall provide the personal online absentee

ballot application in any language required by the federal Voting Rights

Act of 1965 (52 U.S.C. Sec. 10503) in any county in the state.

(c) The online absentee ballot application process shall provide

reasonable accommodations to improve accessibility for persons with

disabilities and shall be compatible for use with standard online

accessibility assistance tools for persons with visual, physical or

perceptive disabilities.

(d) The state board of elections shall promulgate rules and

regulations for the creation and administration of an online absentee

ballot registration system pursuant to this section.

3. Failure to provide exemplar signature not to prevent application.

(a) If an absentee ballot exemplar signature is not provided by an

applicant who submits an absentee ballot application pursuant to this

section, the local board shall seek to obtain such exemplar signature

from the statewide voter registration database, the state board of

elections, or a state or local agency designated by section 5-211 or

5-212 of this chapter.

(b) If such exemplar signature is not available from the statewide

voter registration database, the state board of elections, or a state or

local agency designated by section 5-211 or 5-212 of this chapter, the

local board of elections shall, absent another reason to reject the

application, require the voter to provide an exemplar signature by any

one of the following methods: in person, by electronic mail, or by

electronic upload to the board of elections through the electronic

absentee ballot application transmittal system.

(c) If such voter does not provide the required exemplar signature,

the board of elections shall proceed to issue an absentee ballot to the

voter along with an absentee ballot application form requiring such

voter to submit a signature upon such application form and return it to

the board of elections with the voter's ballot.